Community Magazine March 2016

ADAR I - ADAR II 5776 MARCH 2016 43 YOU JUDGE! BE THE A DIFFICULT CHARACTER Al sold his private home to Benny for twomillion three hundred thousand dollars. Since Al desperately needed to sell the property, he agreed by contract to enable Benny to put down part of the purchase price, and then to pay seven hundred and fifty thousand dollars of the remainder in two annual installments. At the closing Benny paid one million five hundred and fifty thousand dollars, and signed the necessary documents obligating him for the seven hundred and fifty thousand dollar balance. When time came for Benny to make his first installment of the money due to Al, Benny called Al requesting an extension. Al at first resisted, but when he realized that Benny was simply not going to be paying on time, he agreed to a three month extension. However, the three month deadline passed and Benny still did not provide payment. As a matter of fact, over two years passed since the home was sold to Benny and he never did make good on either of the payments. Upon investigation, Al discovered that all of Benny’s assets were in his son’s name, including the private home he had bought from Al. Al was frustrated and upset with himself that he had trusted Benny, and Al knew that the costs of the legal proceedings to collect his money were likely to be exorbitant. Finally, Al found a potential solution. Sam, a merchant who did business regularly with Benny, presently owed Benny six hundred thousand dollars. Al summonsed Sam to Bet Din, claiming that Sam is obligated to direct the six hundred thousand dollar payment to him, rather than pay Benny. Sam understood the claim, but was nevertheless unwilling to comply. Sam explained that Benny is known to be a very difficult character and would press charges against him if he paid Al the money. Sam expressed that he was by no means interested in getting involved in a lengthily legal dispute with Benny. Al offered to assist Sam financially in the event that Benny pressed charges, but Sam rejected the offer, since he was uninterested in the financial exposure of a lawsuit. IS SAM OBLIGATED TO FORWARD THE SIX HUNDRED THOUSAND DOLLARS TO AL? HOW SHOULD THE BET DIN RULE, AND WHY? YOU BE THE JUDGE and send your response to YouJudge@CommunityM.com Verdicts – and the accompanying rationale – will be reviewed by the Rosh Bet Din. The first three correct submissions received before the deadline will win a $50 gift certificate to a Community Magazine advertiser! Correct entries will receive honorable mention in the next issue when the Rosh Bet Din’s verdict is printed.